[PPT] - Department of Employment Services Washington, DC s lead workforce PowerPoint Presentation

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Department of Employment Services

Washington, DC’s lead workforce development and labor agency

D.C. Office of Wage-Hour Labor Standards Bureau

Department of Employment Services Odie Dondald II, Acting Director

WAGE THEFT PREVENTION AMENDMENT ACT OF 2014 PUBLIC EDUCATION CAMPAIGN

District of Columbia Muriel Bowser, Mayor

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Department of Employment Services

Washington, DC’s lead workforce development and labor agency

ABOUT THE MODERATOR

Your moderator for today is a member of the Office of Wage-Hour with

D.C. Department of Employment Services..

The Office of Wage-Hour conducts compliance audits and works to recover

unpaid wages for employees who have not been paid pursuant to DC wage laws, either administratively or through court action.

Wage-Hour compliance involves ensuring adherence to the wage laws of

the District of Columbia by holding employers accountable when wages are not paid to employees who have performed work in the District.

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Department of Employment Services

Washington, DC’s lead workforce development and labor agency

AGENDA

I. Purpose of the Act

II. Employer Requirements
III. Employee Options for Wage Recovery

IV.Retaliation

V. Damages & Penalties

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Department of Employment Services

Washington, DC’s lead workforce development and labor agency

To amend the following existing D.C. wage laws:
Wage Payment and Wage Collection Law
Minimum Wage Revision Act (Current rate: $10.50 per hour)
Accrued Sick and Safe Leave Act (All employees must be able to access paid leave)
Living Wage Act (Upholds previous 2013 amendment. Current rate: $13.80 per hour)
To require the employer to provide written notices to employees of their

employment status

To clarify administrative procedures for enforcement of D.C. wage laws
To enhance applicable remedies, fines, and administrative penalties

PURPOSE OF THE ACT

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Department of Employment Services

Washington, DC’s lead workforce development and labor agency

BACKGROUND

The Wage Theft Prevention Amendment Act of 2014 (WTPAA)

went into effect February 26, 2015.

The WTPAA is comprised of:
Wage Theft Prevention Amendment Act of 2014 signed September 19, 2014
Wage Theft Prevention Correction and Clarification Emergency Amendment

Act of 2014 (1st Emergency Amendment) signed December 29, 2014

Wage Theft Prevention Clarification Emergency Amendment Act of

2015 (2nd Emergency Amendment) signed February 3, 2015

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Department of Employment Services

Washington, DC’s lead workforce development and labor agency

WHO DOES THIS LAW AFFECT?

All employers of employees working in the District of Columbia
All employees working in the District of Columbia

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Department of Employment Services

Washington, DC’s lead workforce development and labor agency

FOR EMPLOYERS As an employer, what am I supposed to do?

Pay your employees in accordance with the law at the rate that was agreed to when

you hired them.

Comply with the Minimum Wage and Living Wage laws.
Inform employees of their rights under the law in writing.
Post notifications in a place where employees can see them.
Maintain your personnel and payroll records for three (3) years.
Not retaliate against employees who question their pay or seek legal recourse.

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Department of Employment Services

Washington, DC’s lead workforce development and labor agency

As an employee, what do I need to know?

Your employer must pay you in accordance with the law at the rate that was

agreed upon when you were hired.

Your pay cannot be less than the D.C. minimum wage, which is currently

$10.50 per hour. This rate will increase to $11.50 per hour beginning July 1, 2016.

Your employer must give you notice of your rights under the Wage Theft

Prevention Amendment Act.

You should notify the Office of Wage-Hour when you think you have not

received the correct pay and you have not been able to resolve it on your own.

FOR EMPLOYEES

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Department of Employment Services

Washington, DC’s lead workforce development and labor agency

EMPLOYER REQUIREMENTS

Posting of the Notice of the WTPAA
Notice of Employment Status
Precise Record Keeping
Joint Liability

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Department of Employment Services

Washington, DC’s lead workforce development and labor agency

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Department of Employment Services

Washington, DC’s lead workforce development and labor agency

Wage-Hour Administrative Investigation
This is an administrative process where the claim is handled by the

Office of Wage-Hour on behalf of the claimant.

Administrative Law Judge Hearing
This is a formal hearing requested by either the claimant or the

employer, where those individuals are representing themselves in front

f the Administrative Law Judge.
Civil Action: Court Proceeding
The Office of the Attorney General prosecutes these civil actions.

EMPLOYEE OPTIONS FOR WAGE RECOVERY

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Department of Employment Services

Washington, DC’s lead workforce development and labor agency

RETALIATION

It is unlawful for any employer to:
Discharge
Threaten
Penalize
Or discriminate in any other manner
Retaliation penalties/remedies:
Fines
Penalties
Damages to employee
It is illegal for any person to retaliate

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Department of Employment Services

Washington, DC’s lead workforce development and labor agency

DAMAGES AND PENALTIES

Court assessed fines
Administrative penalties
Liquidated damages

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Department of Employment Services

Washington, DC’s lead workforce development and labor agency

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Department of Employment Services

Washington, DC’s lead workforce development and labor agency

Question: Can you provide more guidance on the term “precise time”… Do you really expect a worker in the field or

ffice to keep precise time with respect to his breaks, let

alone his arrival or departure time?

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Department of Employment Services

Washington, DC’s lead workforce development and labor agency

Answer: The exact beginning and ending time should be recorded for all employees. The Wage-Hour Rules provides detailed explanation of “precise time” in section 911.1(h) – a daily record of the hours of beginning and stopping work and the hours of beginning and ending the meal recess if the employee works a split shift should be recorded.

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Department of Employment Services

Washington, DC’s lead workforce development and labor agency

Question: How precise is record keeping? Are we expected to keep time records for every employee?

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Department of Employment Services

Washington, DC’s lead workforce development and labor agency

Every employer subject to any provision of this subchapter or of any regulation or

rder issued under this subchapter shall make, keep, and preserve for a period of not

less than three (3) years or whatever the prevailing federal standard is, whichever is greater, a record of:

The name, address, and occupation of each employee
A record of the date of birth of any employee under 19 years of age
The rate of pay and the amount paid each pay period to each employee
The hours worked each day and each workweek by each employee, provided that for

each employee compensated on an hourly basis, or based on any other unit of time, the record shall include the precise time worked

Further explanation of the Recordkeeping Requirements shall follow the standards followed by the U.S. Department of Labor Fact Sheet: http://www.dol.gov/whd/regs/compliance/whdfs21.pdf

Answer:

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Department of Employment Services

Washington, DC’s lead workforce development and labor agency

Question: Regarding the written notice, in the Notice of Hire section, what effective date should be used for existing employees who are to receive the notice by May 27, 2015? Is it just the date the written notice is provided to the employee?

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Department of Employment Services

Washington, DC’s lead workforce development and labor agency

Answer: The effective date used is the date in which the information included on the notice became effective. For most employees, the effective date is the hire date or the last date information changed (e.g., pay increase date, business move date, employee move date).

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Department of Employment Services

Washington, DC’s lead workforce development and labor agency

Question:

I am a bit confused about “posting” requirements. It did sound as if employers are required to both post and provide the notice to new hires and existing

employees. I understand the requirement to provide the notice to new hires at

the time of hire and to existing employees by the 90 day cut off date in May… HOWEVER, I am unsure if employers are ALSO required to “post the notice” as well. By posting, I am referring to exhibiting the notice alongside the other District of Columbia required posters (i.e., Minimum Wage, Leave Act, Equal Employment, etc.) Would you please clarify this issue?

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Department of Employment Services

Washington, DC’s lead workforce development and labor agency

Answer: The Notice of Hire should be provided to all employees, and you should retain a copy for your records. The Notice of the WTPAA is what needs to be posted in a conspicuous place at your business. Yes, this Notice of the Act should be posted alongside the other District of Columbia required posters.

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Department of Employment Services

Washington, DC’s lead workforce development and labor agency

Question:

When will a Spanish version of the Notice of Hire be released?

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Department of Employment Services

Washington, DC’s lead workforce development and labor agency

Answer: Spanish translations of the WTPAA Notices of Hire are available on our website. If you have a specific translation need, please contact our

ffice directly at (202) 671-1880.

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Department of Employment Services

Washington, DC’s lead workforce development and labor agency

Question:

Can the required notice be supplied electronically and can the receiving employee supply an electronic signature?

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Department of Employment Services

Washington, DC’s lead workforce development and labor agency

Answer: The WTPAA specifically allows for Temporary Staffing Firms to supply written notice to an employee via electronic mail, text messaging, facsimile, and regular mail. The Office of Wage-Hour will accept these forms of messaging and electronic signatures from traditional employers as well.

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Department of Employment Services

Washington, DC’s lead workforce development and labor agency

Question:

May employers create their own notice forms, as long as all of the required information is contained in it?

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Department of Employment Services

Washington, DC’s lead workforce development and labor agency

Answer: You may create your own version to clearly state what your company needs. You do not have to use the exact Notice of Hire template on our website. The template that is provided is just a template. It may be used as a guideline of what the Notice of Hire must include. Employers who choose to create their own Notices of Hire must be sure to include the required information on all Notices of Hire to all of their employees.

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Department of Employment Services

Washington, DC’s lead workforce development and labor agency

The notice must include the following:

Name of the employer and any “ doing business as ” (DBA) names used by the

employer

Physical address of the employer’s main office or principal place of business,

and a mailing address if different

Telephone number of the employer
Employee’s rate of pay and the basis of that rate, including:
Rate by the hour, shift, day or week (whichever is applicable)
Salary, piece rate or commission (whichever is applicable)
Any allowances claimed as part of the minimum wage, including tip, meal,
r lodging allowances
Overtime rate of pay or exemptions from overtime pay
Living wage or exemptions from the living wage
Any applicable prevailing wages
Employee’s regular pay day designated by the employer

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Department of Employment Services

Washington, DC’s lead workforce development and labor agency

For the complete text of the Wage Theft Prevention Amendment Act of 2014, please visit: www.does.dc.gov Or download the Act at: http://lims.dccouncil.us/Download/31203/B20-0671-SignedAct.pdf For questions or concerns, please contact the D.C. Office of Wage-Hour at 202-671-1880.

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